Little Falls transcript., 1887-03-25

Ing 80 the legal OF recogntsed suh-divIstons on
aduAted soels. 10 be numhered according The
work, and whenever any railroad or put biic high
way is benadted such benefit shall be Assessed
I'd the aa,ne upon thes same scale aa lands aTe ass
lands which viii srscefve the most and about
equal beuodbs .ah8u be nunbered one hundred
400, and aach $ sll 5sajases s. recsiye less
noting its per cent OF benefits. This elassidca-
lion, Wlsn established 90 hereinafter provided,
shall Iemain asa basls, 50 foE such assessments g
such snb-drainage district. When such classth-
cation Il, G0mpla lated II shaH be properly. tabu.
lated and q shown by q mar. which tabulstton and
hereinafter provided Tor. s7s 5s.5
SEC, l9. Every pe,yor or persons Or oorpora-
tlon owning lS --rss Oyer OK upon which any drain
or drains, ditch or bitches, e.nbankment or eIn-
bankments shall be constructed under the pro-
visions OF this act. shall be allowed adequate
damages and conpensation for the taking OF the
lands upon which such drain or, drains, ditch or
ditches embankment or embankments are To-
Gated, and for the injuries to ,sucn lands caused
thereby; and the board Of county commission
ers Of the county in which sueh lands are stu
ated shall order such damages to be paid pus OF
| the county treasury to the person or persons or
corporation entitled thereto, and the amount Of
damages to which they are entitled shall be
specified by said viewers In their report to the
BOARD OF drainage commissioners as herein pro-
vided; aud the county shall be reimbursed for
such payment out OF the drainage fund of the
snb-dra1nage district for and on account Of
which such damages and compensation are paid.
SEC: 20. It shall be the duty of said viewers
this act with all convenient speed and diligence,
and within fifteen Il 81 days after the completion
thereof to make and ills full report OF all their
proceedings under their appointment. verified
upon their oaths with the clerk of the drainage
district. 1t said viewers report in favor OF the
proposed work, and that the same is of public
benefit and utility aud conducive to the public
health; such report shall contain an accurate
map or plat of the proposed work, showing the
hues thereof. and the stakes aud monuments
along the same the width of the strip Of land
along the line of each drain, ditch OF ernbanis-
ment necessary to be taken and used in the con-
sGructlnn OF such drain, ditch or embanklnent:
earth to be excavated and removed upon each
one hundred feet shown by said stakes and
monuments from SUCH drain or drains, ditch or
bitches and the number OF cubic yards of earth
to be used upon each one hundred feet as shown
by such stakes and monuments in raising such
embanknent enbanknants and the total
and removed to complete the whole Of the
OF tue cost OF the whole work.
Suid report shall also contain an accurate de-
scription. ss the sarne is described upon tine
county tax duplicate OF each parcel OF land
benefited or damaged by the proposed work Civ
ing the number Of acres in each tract and the
estimated number OF acres In each tract bene-
titeu or damaged as the case may be; the
amount that each tract OF land will be benef ted
or damaged by the construction of the proposed
work; the amount that each tract is assessed
therefore and the scale Of percentage Of benefits
as provided for in section eighteen uSl OF this
act: also the depth OF the cut or height Of the
embankment: width at the bottom and width at
the top al each one hundred foot stake or lnonu-
ment OF such proposed drain, ditch or slnbauk-
ment: the names Of the owners Of the lands at
fected by the proposed work so far as they
be ascersaired upon reasonable inquiry: all OF
which shall be in tabular form In case the
viewers find tn the proposed work not ct public
benefit or utility they may report against the
same in which lcase] their report need only state
that they find the proposed work not to be OF
public benefit or utility.
competent to perform the duties required Of
them by this act. Provided That for work ex-
tending into more than one county there shall
be present a majority from each county intec-
ested; aud any person appointed viewer un-
der the provisions OF this act shall qualify by
taking and subscribing an oath TO faithfully
DISCHARGE the duties Of viewer as prescribed
by this act, and while in the discharge OF their
duties they shall have the right to enter upon
any lands within the proposed sub-drainage dis.
tr.ct for the purpose Of making all surveys and
estimates required Of them
SEC. ~. IL shall be the duty Of the clerk of
suoh drainage districts on such report being
filed il il he In favor Of the proposed work, 10
call a meeting Of the board OF drainage commits
sianers of suoh drainage district to be held at
his Office not more than forty t40) nor less than
III his Office. The clerk shall give notice Of tho
time and place OF such meeting by causing writ
ten or printed notices signed by him as clerk to
such proposed suh-drainage district aud by
mailing q copy Of such notice to eacA town clerk
and member OF the town board OF supervisors or
each town in which any of the lands proposed to
be included in such snbdrainage district fare
stuhtcG]. and to all non resident owners Of any
OF eeid lands whose postottlce address is known
to him or can be asceroained in phe office OF
the auditor OF treasurer Of such county at least
twenty 600 days prior to the time Of such
meeting Said notice shall contain descrip-
zion Of the lauds by sections opposed to be in
euded in such sub-drainage district and a state
u,ent that the viewers report is filed with the
clerk: that plat and description Of the pro-
posed work is on file with said report, and that
at the time and place mentioned in said notice
the said report of the viewers will be acted
upon by the board OF drainage commissioners
at which time and place any person interested
may appear and contest the report OF said
viewers upon any and all matters therein Affect
ing his interests.
SEC %. It shall he the duty of the board of
drainage commissioners OF such drainage dis
trlc5 10 meet at the time and place mentioned
In said notice, and the clerk shall lay before
them the said report Of Of the viewers for teit
proper notice has been given OF their meeting.
and il they so find they shall make such finding
In writing and cause the same 70 be entered in
The drainage record, II they find that such no
tice has not been properly given they shall
adjcnrn u TO such time will give tbs
clerk opportnnty 70 complete service Of notice
of such meeting and the time to which the same
HAS beon adjourned. After the board shall have
found thaS due notice of the time and place OF
their meeting ilss been given they shall proceed
to consider the report of said viewers. II any
objections are made to the report Of the viewers
and any person or persons OF corporation appear
Tor the purpose OF conbestlng said report the
board shall proceed to hear and determine the
aalae and for That purpose the board shall have
fnil power and authority to administer oaths to
examine all witnesses produced and TO decide all
questions arising npon The consideration Of said
report and the objections made thereto by any
person or persons interested and the board may
adjourn from day to day until such hearing is
completed .S:l ~ ~ #
: SEC. "a II upon the hearing it shall appear
that the report ought to be modified II: any par
ttcular the board shall modify Lhe same to con-
form to the equities. In the premises. II after
ttereus, s,na the board is of the opinion that the
sub-drainage district petitioned for should he
organized they shall make. an order conf sming
the report OF said viewers De made OF as n;odi-
fed, If any modification has been r,ade by the
board and. organizing the lands described In
said report lnSo a sub-drnfnage district to be
known as Sub Drainage District No. go. Of the
80. - Comfy Drainage District. Which order
shall be entered in the drainage record. IL
after such hearing the board is Of opinion that
such sub drainage district should not be organ
lied ~ shall make an order dtsinfssing the pros
ceediaes, which order shall be entered In tho
dra image record. &tS
SEC. 25. ANY person or persons or corpora.
tion owning any real estate within such pro-
posed syt3-drainage district ap9rieved thereby
may appeal to the district court Of the proper
any OF either OF the following matters may be
determ1ned: 1st. Whether the assessment
made for the constyuntiot, of the proposed work
nSon any tracr Of land is In psoportion 70 the
benefits 20 be derived therefron. 2d. The
aIn0unt OF damages allowed to any person or
persons or CORPORATION. The party appealing
sisail file with the clerk of the drainage district
an apueai bond In the sum Of Ave hund red dol
lars fS,D0l With at least Two freehold surcttes 20
be approved by said clerk conditioned that hs
will duly prosecute such appeal and pay all
costs thai may he adindged against him in the
district court Provided; That such appeal and
appeal bond shall be flied with the clerk OF such
drainage district within thirty 800 days after
such order Of The board OF drainage commissions